Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Swap termination and the subordination of termination payments in the Lehman bankruptcy
    2009-12-22

    Lehman Brothers Holdings Inc.’s September 15, 2008 bankruptcy was an event of default under thousands of derivatives contracts to which a Lehman entity was a party and for which Lehman Brothers Holdings was the guarantor. This default entitled the vast majority of Lehman’s counterparties to terminate these contracts, and almost all were terminated.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Bankruptcy, Surety, Debtor, Swap (finance), Credit risk, Liquidation, Default (finance), Collateralized debt obligation, Subsidiary, Credit default swap, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian V. Otero , J. R. Smith , Robert J. Hahn , Stephen R. Blacklocks
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Weathering the storm: insurance coverage and insolvency: maximizing recovery in bankruptcy
    2009-12-22

    As we count down the days until the New Year, we are reminded of the momentous year we will leave behind us on December 31. While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. In 2009, General Motors, CIT, Chrysler, and Thornburg Mortgage filed four of the ten largest corporate bankruptcies in U.S. history. Equally notable are the number of corporate filings made in 2009.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Haynes and Boone LLP, Bankruptcy, Debtor, Breach of contract, Commercial property, Fiduciary, Interest, Debt, Credit risk, Mortgage loan, Liquidation, Liability insurance, Default (finance), General Motors, Trustee
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Bankruptcy court rules for Lehman on flip clause
    2010-02-08

    In a recent Hunton & Williams client alert, we discussed some of the issues relating to the termination of credit default swap agreements that were pending before the Lehman bankruptcy court, including the enforceability of so-called “flip clauses.” (“Swap Termination and the Subordination of Termination Payments in the Lehman Bankruptcy,” December 2009.) Recently, the court ruled for Lehman on many of these issues. The court’s ruling (Lehman Brothers Special Financing Inc.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Surety, Debtor, Collateral (finance), Credit risk, Default (finance), Lehman Brothers cases, Credit default swap, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice (England & Wales), United States bankruptcy court
    Authors:
    Brian V. Otero , Robert J. Hahn , J. R. Smith , Stephen R. Blacklocks , David T. McIndoe
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Non-insider lender equitably subordinated for predatory lending
    2009-08-26

    Although courts are generally reluctant to equitably subordinate claims of non-insiders, the United States Bankruptcy Court for the District of Montana recently did just that to the claims of a non-insider lender based on overreaching and self-serving conduct in Credit Suisse v. Official Committee of Unsecured Creditors (In Re Yellowstone Mt. Club, LLC), Case No. 08-61570-11, Adv. No. 09-00014 (Bankr. D. Mont. May 13, 2009).

    Filed under:
    USA, Montana, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Dividends, Debt, Credit risk, Due diligence, Underwriting, Cashflow, Broadcast syndication, Credit Suisse, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Kill Till: ABI commission recommends market rate for cramdowns
    2015-03-12

    Judge Drain’s recent bench rulings in Momentive Performance Materials in 2014 generated a great deal of controversy in the distressed debt world.  Distressed investors, lenders, and commentators have questioned whether the Momentive rulings will lead to an industry trend in which debtors seek to cram down their secured lenders to take advantage of the ability to do so at below market interest rates.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Credit risk, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    New rules for shareholder debt financings: reform of the law governing the equitable subordination of shareholder loans by the Limited Liability Company Modernization Act
    2008-05-29

    A main focus of the anticipated reform of the law governing limited liability companies by the draft Act on the Modernization of the Law on Limited Liability Companies and the Prevention of Abuse (generally referred to as the “MoMiG” or “Modernization Act”) is the new set of rules relating to shareholder debt financings.

    Filed under:
    Germany, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Share (finance), Shareholder, Limited liability company, Debt, Credit risk, Economy, Promulgation, Chief executive officer
    Location:
    Germany
    Firm:
    Jones Day
    Insider’s acquisition of claims to create accepting impaired class constitutes impermissible gerrymandering
    2007-08-02

    The strategic importance of classifying claims and interests under a chapter 11 plan is sometimes an invitation for creative machinations designed to muster adequate support for confirmation of the plan. Although the Bankruptcy Code unequivocally states that only “substantially similar” claims or interests can be classified together, it neither defines “substantial similarity” nor requires that all claims or interests fitting the description be classified together.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Shareholder, Debtor, Unsecured debt, Interest, Debt, Credit risk, Liquidation, Voting, Stakeholder (corporate), Substantial similarity, Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    The impact of CDS on restructurings
    2011-02-24

    Restructuring companies in respect of which there exists a significant credit default swaps (CDS) market adds an additional level of complexity which the debtor and all stakeholders should consider and assess early on in the process, as it could determine the success or failure of a restructuring plan.

    Filed under:
    European Union, Global, USA, Derivatives, Insolvency & Restructuring, Latham & Watkins LLP, Bond (finance), Bankruptcy, Credit (finance), Debtor, Interest, Swap (finance), Credit risk, Maturity (finance), Balance sheet, Credit default swap
    Authors:
    John Houghton
    Location:
    European Union, Global, USA
    Firm:
    Latham & Watkins LLP
    FDIC brings second action against directors or officers of failed banks
    2010-11-16

    Industry observers have been waiting to see when bank failures arising out of the recent financial crisis would produce a wave of Federal Deposit Insurance Corporation (“FDIC”) litigation similar to that seen in the early 1990s after the savings and loan crisis. With its second suit in recent months, the FDIC has shown that it will aggressively pursue claims against directors and officers in connection with failed depository institutions.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Dechert LLP, Surety, Breach of contract, Fiduciary, Board of directors, Interest, Federal Reporter, Credit risk, Negligence, Depository institution, Underwriting, Gross negligence, US Code, Federal Deposit Insurance Corporation (USA), Ninth Circuit
    Authors:
    Thomas P. Vartanian , Robert H. Ledig
    Location:
    USA
    Firm:
    Dechert LLP
    New rules for distressed debt financial restructuring
    2014-02-03

    On 31 December 2013, Banco de Portugal issued instruction no. 32/2013 implementing new rules on the identification and flagging of distress debt financing restructures (“Instruction 32/2013”) and revoking its instruction no.18/2012 on the same matter.

    Instruction 32/2013 is applicable to credit institutions and to financial institutions with lending activity as well as branches of credit institutions with head offices outside the EU (“Institutions”).

    Filed under:
    Portugal, Banking, Insolvency & Restructuring, Gomez-Acebo & Pombo Abogados, Debt, Credit risk, Line of credit
    Authors:
    Susana Morgado
    Location:
    Portugal
    Firm:
    Gomez-Acebo & Pombo Abogados

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Page 3
    • Page 4
    • Current page 5
    • Page 6
    • Page 7
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days